HomeMy WebLinkAbout2004-077ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ABANDONING AND
VACATING A 1,960.20 SQUARE FOOT PORTION OF STREET RIGHT-OF-WAY
FOR FAIN AVENUE AS IT AFFECTS LOT 1, BLOCK 1 OF THE D.H. FRY
ADDITION AS RECORDED IN VOLUME 75, PAGE 74 OF THE PLAT RECORDS
OF DENTON COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton (the "City") has received a request from the
abutting landowner, Joe Lanham (the "Landowner") to vacate and abandon a certain
street right-of-way; and
WHEREAS, the property to be abandoned is described and illustrated in Exhibit
"A", attached hereto and made a part hereof by reference (the "Abandoned Property");
and
WHEREAS, staff has reviewed the requested abandonment of the Abandoned
Property and has recommended approval; and
WHEREAS, the City Council of the City of Denton, Texas has determined that
the Abandoned Property is no longer needed for public use; and
WHEREAS, the Landowner has deposited with the City the sum of $3195.00 for
the purchase of the Abandoned Property which is the fair market value of the Abandoned
Property; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this
ordinance are incorporated herein by reference.
SECTION 2. The Abandoned Property in hereby abandoned and all right, title
and interest of the City in and to the Abandoned Property is hereby quit claimed to the
abutting Landowner. A certified copy of this ordinance may be recorded in the Real
Property Records of Denton County, Texas to evidence this abandonment and quit claim.
If requested by the Landowner the City Manager or his designee is hereby authorized to
execute on behalf of the City a quit claim deed to the Landowner to further evidence this
abandonment.
SECTION 3. This ordinance shall become effective immediately upon its passage
and approval. /
PASSED AND APPROVED this the,&I day of , 2004.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PRO CITY T(
BY:
Page 2
Z"4��c-,L
EULINE BROCK, MAYOR
STREET ABANDONMENT EXHIBIT
Exhibit ""A••
W i FAIN AVENUE
IRS/CAP 0--4-87"40'43"E 131.42' IR 711.�
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0�'QOQPCe q LOT 1, BLOC 1
A,y. D.H. FRY ADDITION
O II VOLUME 75, PAGE 74
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FIELD NOTES to all that certain tract of land situated in the City of Denton, Denton
County, Texas being
and o part of Foin Avenue, a public right-of-woy, as shown on the
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Plat of the D.H. FRY ADDITION, recorded in Volume 75, Page 74 of the Plot Records of
Denton County, Texas:
BEGINNING at a '/A" capped iron rod set for the Northeast corner of Lot 1, Block 1 of
said D.H. FRY ADDITION at the intersection of the South right-of-way line of sold Foln
Avenue and the West right-of-woy .line of Bolivar Avenue:
THENCE North 89 degrees 53 minutes 50 seconds West with the North line of sold Lot 1
and said South right-of-woy line a distance of 147.82 feet to D 'h" copped iron rod set
for the Northwest corner of said Lot 1, at the Northeast corner of Lot 2 of said Block 1;
THENCE North 00 degrees 06 minutes 44 seconds East 0 distance of 11.05 feet to
capped iron rod set for corner;
THENCE North 87 degrees 40 minutes 43 seconds East o distance of 131.42 feet to o
Yj" capped iron rod set for corner;
.THENCE South 44 degrees 43 minutes 19 seconds East a distance of 23.42 feel to the
PLACE OF BEGINNING and enclosing 0,045 acres of land, more or less.
1"=30'
LLUtlVU
CERTIFICATION: I hereby certify that I have
jM . BENCHMARK K
directed and supervised an accurate on the
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SURVEY IS ONLY
4F BOOR
ground survey of the el depicted VALID
WITH EMBOSSED SEAL
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NATURAL
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in the
hereon and described in the legal
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N. PROPERTY LINE
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Be SET BACK NNE
description attached hereto and that the
BOROWC UNE
findings and results of said survey are true
. FwE HYDANE TAT
T - E TANK
and correct to the best of m knowledge
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and belief and that the size, type and
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location of the permanent improvements are
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as shown, and that sold survey correctly
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shows the location of oil alleys, streets,
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FOP . PENCE CORNER POST
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ri his-of-wa ,-and easements of record of
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LIE • UTILITY EASEMENT
which the undersigned has been advised
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effecting the subject premises according to
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EE . ELECTRICAL EASDIENT
ONE • BOUVAR WATER EASEMENT
the descriptions of record, and that except
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as shown there are no visible
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encroachments, visible overlaps, visible
Conflicts Or visible protrusions.
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J.E. THOMPSON II R.P.L.S. No 4857 Dale GF No.: NOT RECEIVED
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P.O. BOX 507
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DEEOECAELL�CONTNpLINO
KRUM, TX 78249
(940)482-8723
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MONUMENTJOB
NUMBER: 031049-ABA'!BAY
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CHECKED BY: J.S.T.
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- CONCRETE BRICK
J.E. THOMPSON II